Page No.# 1/3 GAHC010269612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3970/2025 HABIBUR RAHMAN S/O ABDUL ROFIQUE, R/O PUB DHANIRAM PATHAR, P.O AND P.S- HOJAI, DIST- HOJAI, ASSAM, PIN- 782435 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : TAWHID LASKAR, ASHRAFUL BORBHUYAN,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.12.2025 Heard Mr. T. Laskar, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying for bail to the petitioner, viz., Habibur Rahman in connection with Hojai Page No.# 2/3 P.S. Case No.250/2025 registered under Sections 21(b)/27(A) of the NDPS Act, 1985. The petitioner has been in custody with effect from 10.08.2025. The allegation against the petitioner, as reflected in the F.I.R. dated 09.08.2025, is that on receipt of specific information a police team from Hojai Police Station apprehended and searched the petitioner and seized 14.27 gms of suspected heroin from his possession and the petitioner was accordingly arrested. Learned counsel for the petitioner submits that nothing was recovered from the active and/or conscious possession of the petitioner and he is no way involved in any such dealings pertaining to narcotic substances. The learned counsel for the petitioner submits that the total weight of the contraband so recovered is 14.27 grams with the vials and the same is an intermediate quantity. Since no proceeds from sale of contraband is decipherable from the seized list/forwarding report, Section 27(A) is not applicable in the instant case. The learned counsel for the petitioner, therefore, submits that considering the length of detention the petitioner may be released on bail at this stage so as to enable him to participate in the trial and prove his innocence. The learned Addl. P.P. for the State opposes the prayer for bail at this stage. We have gone through the materials available on record and find that the petitioner has been in incarceration from 10.08.2025. In view of Page No.# 3/3 the aforesaid facts and circumstances of this case, this Court is of the opinion that the petitioner should be allowed the privilege of bail as prayed for. Accordingly, the petitioner is directed to be released on bail on furnishing a bail bond of Rs.15,000/- with two sureties of like nature to the satisfaction of the learned Special Judge (NDPS), Hojai, subject to the following conditions :- (1) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (2) That the petitioner shall not commit any offence while on bail. (3) That the petitioner shall not leave the jurisdiction of the learned Special Judge (NDPS), Hojai without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant